Steven Avery

• Alibi

● 13 witnesses saw defendant pouring concrete at his father’s house at the time of the crime.

● Defendant testified that he was at his father’s house at the time of the crime. ● When asked if he attacked the victim, he testified “No.”

• Eyewitness
• Forensic Evidence

• Hair

• Vague
• Valid

The analyst testified, using unreliable and vague terminology that was accepted in the field, that the defendants’ and the questioned hairs were “consistent.”

• Intraracial Identificaiton
• Victim

• Composite drawing
• Lineup
• Photo array

Yes ● Repeated photo – he was the only person repeated in photo and line line-ups ● Suggestive line-up – defendant was the shortest in line-up ● Suggestive remarks – victim told she had identified the suspect and of his prior criminal record

Sheriff testified before trial, “I believe she was informed that the person we had arrested would be in the lineup” but at trial stated victim may have been told that after making the identification Victim – “Q. When he showed you the photo lineup, you assumed he had a suspect in mind, isn’t that right? A. I believe so. Q. And you assumed that his picture was included with those photos, isn’t that correct? A. Yes, I assumed that, yes.

No ●Discrepancy – eye color

“Q. Did your attacker have brown eyes? A. No, he had brown eyes – No, he had blue eyes. I originally said brown eyes to Judy Dvorak. When I picked ou the photo in my hospital robe as I handed it to the Sheriff, I commented, ‘He’s got blue eyes, I was mistaken.”

• Brady
• Fourth Amendment
• Ineffective Assistance of Counsel
• Jackson Claim
• Jury Instructions
• State Court Newly Discovered Evidence Claim
• Suggestive Eyewitness Identification

• G
• HE

State v. Avery, 414 N.W.2d 319 (Wis.App. 1987)
State v. Avery, 416 N.W.2d 297 (Wis. 1987)
Avery v. Wisconsin, 485 U.S. 937 (1988)
State v. Avery, 570 N.W.2d 573 (Wis. App. 1997)
State v. Avery, 576 N.W.2d 280 (Wis. 1997) (table)